Same as to etc. horses, mules, 11 G. A. ch. 10, û · 1, 2. Diseased etc., running at large. Same, 25. purchasing. The statute is intend- | that the disease with which the sheep ed, not for the protection of the pur- were afflicted was contageous, and chaser only, but of the public. Held, that in such case the contract could however, that the statute would not be enforced: Caldwell v. Bridal, 48– apply where the seller did not know 15. SEC. 4056. If any person knowingly import or bring within this state, any horse, mule, or ass, affected by the diseases known as nasal gleet, glanders, or button-farcey, or suffer the same to run at large upon any common, highway, or unenclosed land, or use or tie the same in any public place, or off his own premises, or sell, trade, or offer for sale or trade any such horse, mule, or ass, knowing the same to be so diseased, he shall be deemed guilty of a misdemeanor, and shall, on conviction, be punished by a fine of not less than fifty dollars nor more than five hundred dollars; and in defaut of payment shall be imprisoned for any period not to exceed twelve months, or by both fine and imprisonment at the discretion of the court. SEC. 4057. If any horse, mule, or ass, reasonably supposed to be diseased with nasal gleet, glanders, or button-farcey, be found horses, mules, running at large without any known owner, it shall be lawful for the finder therof to take such horse, mule, or ass, so found, before some justice of the peace, who shall forthwith cause the same to be examined by some veterinary surgeon, or other person skilled in such diseases, and if, on examination, it is ascertained to be so diseased, it shall be lawful for such justice of the peace to order such diseased animal to be immediately destroyed and buried; and the necessary expense accruing under the provisions of this section shail be defrayed out of the county treasury. Bringing Texas cattle into the 12 G. A. ch. 185, state. ? ? 1, 3, 4. Having such cattle in possession. See § 1484 SEC. 4058. If any person bring into this state any Texas cattle, he shall be fined not exceeding one thousand dollars, or imprisoned in the county jail not exceeding thirty days, unless they have been wintered at least one winter north of the southern boundary of the state of Missouri or Kansas; provided, that nothing herein contained shall be construed to prevent or make unlawful the transportation of such cattle through this state on railways, or to prohil it the driving through any part of this state, or having in possession any Texas cattle between the first day of November and the first day of April following. SEC. 4059. If any person now or hereafter has in his possession in this state any such Texas cattle, he shall be liable for any damages that may accrue from allowing said cattle to run at Same, 2, 4. large, and thereby spreading the disease among other cattle known as the Texas fever, and shall be punished as is prescribed in the preceding section. Bringing diseased hoproots or cuttings into state. 12 G. A. ch. 195, ? ? 1, 2. SEC. 4060. If any person use, transplant, or cultivate, or bring into this state for the purpose of using, planting, cultivating, or selling, any hop roots, plants, or cuttings, which may be diseased in any manner, or infected with lice or vermin of any kind, or which may be brought from any state or country in which the cultivation of hops has been retarded or impaired by the presence of any disease, lice, or vermin of a contagious character, he shall be fined not less than ten nor more than one hundred dollars, and imprisoned not less than five nor more than twenty days. SEC. 4061. If complaint is made before a justice of the peace destruction of Same, ¿ 3. by one or more responsible persons, that they have good reason Search warrant 12 G. A. ch. 143. SEC. 4062. If any person or corporation, after having been Canada thisnotified in writing of the presence of Canada thistles on any lands ties. owned or occupied by such person or corporation; or if any high- 13 G. A. ch. 177. way supervisor, after having been notified in writing of the presence of Canada thistles on the highway under his jurisdiction, shall permit such thistles or any part thereof to blossom or mature, such person, corporation, or highway supervisor, shall be deemed guilty of a misdemeanor and be punished accordingly. except of prey 13 G. A. ch. 74. SEC. 4063. If any person kill, trap, ensnare, or in any man- Killing birds ner destroy any of the birds of this state, excepting birds of prey, and those usethe migratory aquatic birds, and those which are useful for 1ood, ful for food. and the killing of which at certain seasons of the year is now permitted by law, or in any manuer destroy the eggs of such birds as are hereby intended to be protected from destruction, he shall be deemed guilty of a misdemeanor, and, on conviction thereof, shall be fined not less than five nor more than twenty-five dollars. But persons killing birds for scientific purposes, or for preservation in museums and cabinets, shall be exempt from the penalties of this section, upon making satisfactory proof of the purposes for which they have killed any such bird or birds. threshing ma bling rods. SEC. 4064. If any person run any threshing machine in this Running state, without having the two lengths of tumbling rods next the chines without machine, together with the knuckles or joints and jacks of the boxing tumtumbling rods, safely boxed and secured while the machine is run- 11 G. A. ch. 135, ning, he shall be deemed guilty of a misdemeanor and be pun- 12 G. A. ch. 45. ished by fine of not less than ten nor more than fifty dollars for every day or part of a day he shall violate this section; and any person who shall, knowingly, permit either his own grain, or any that may be in his possession or under his control, to be threshed such machine. by a machine the rods, knuckles, or joints of which are not boxed Person per- [As amended by 15th G. A., ch. 38, which struck out the last clause of the section as it originally stood (providing for an action in favor of the school fund), and added all following the words "violate this section" in the seventh line of the section as it now stands.] This section does not make defend- | the violation as the basis of the right ant absolutely liable. Proof of run- to recover, and as constituting th ing a threshing machine, not secured negligence complained of: Messenger as here required, establishes negli- v. Pate, 42-443. gence, but the rule still applies that contributory negligence on the part of the person injured will defeat a recovery: Reynolds v. Hindman, 32146. A person injured through a violation of this provision has a right of action, and it is sufficient to allege Where a contract was made for threshing to be done with a machine not boxed, etc., as here required, held, that the contract was void, and that such fact was a good defense in an action for services rendered thereunder: Dillon v. Allen, 46–299. [Fifteenth General Assembly, Chapter 14.] SEC. 1. It shall be the duty of any person ow[n]ing or operating steam boilers in this state to provide such boilers with steamgauge, safety-valve, and water-guage and keep the same in good order. SEC. 2. Any person neglecting to comply with the provisions of this act shall be deemed guilty of a misdemeanor and shall be punished by fine not less than fifty nor more than five hundred dollars. two or more CHAPTER 12. OFFENSES AGAINST THE PUBLIC PEACE. SECTION 4065. If two or more persons voluntarily or by agreeAffray between ment engage in any fight, or use any blows or violence towards each other in an angry or quarrelsome manner, in any public place to the disturbance of others, they are guilty of an affray, and shall be punished by imprisonment in the county jail not exceeding thirty days, or by fine not exceeding one hundred persons. R. 4386. C. '51, 2738 dollars. SEC. 4066. When three or more persons in a violent or tumultuous manner assemble together to do an unlawful act, or, when together, attempt to do an act, whether lawful or unlawful, in an unlawful, violent, or tumultuous manner to the disturbance of others, they are guilty of an unlawful assembly, and every such offender shall be punished by imprisonment in the county jail not more than thirty days, or by fine not exceeding one hundred dollars. SEC. 4067. When three or more persons together and in a violent or tumultuous manner commit an unlawful act, or together do a lawful act in an unlawful, violent, or tumultuous manner to the disturbance of others, they are guilty of a riot, and every such offender shall be punished as is provided in the preceding section. SEC. 4068. Any person guilty of unlawfully assembling, or of a riot, may alone be indicted and convicted thereof, but it must be alleged in the indictment and proved on the trial that three or more persons were engaged therein. turbance in C. '51, 2742. SEC. 4069. If any person make or excite any disturbance in any Exciting distavern, store, or grocery, or at any election, or public meeting, or certain houses. in any other place where the citizens are peaceably and lawfully R. 4390, assembled, he shall be punished by fine not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days. stroying SEC. 4070. If any person or persons unlawfully or riotously Injuring or deassembled, pull down, injure, or destroy, or begin to pull down, houses, boats, injure, or destroy, any dwelling house or other building; or destroy etc. R. 4391. or attempt to injure or destroy any boat or vessel; or perpetrate c. 51, 2743. any premeditated injury on the person of another, not being a felony, he shall be punished by imprisonment in the penitentiary not more than five years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not more than one year, and shall also be answerable to any person injured to the full amount of the damages by him sustained, in an action at law. highways. SEC. 4071. Any person who shall be guilty of racing horses, or Racing or fast driving upon the public highway in a manner likely to endanger driving on the persons or lives of others, shall be guilty of a misdemeanor, and, on conviction thereof, shall be fined in a sun not exceeding one hundred dollars, or by imprisonment in the county jail not exceeding thirty days. bath. SEC. 4072. If any person be found on the first day of the Breach of Sab week, commonly called Sabbath, engaged in any riot, fighting, or R. 4392-3. offering to fight, or hunting, shooting, carrying fire arms, fishing, horse racing, dancing, or in any manner disturbing any worshiping assembly, or private family; or in buying or selling property of any kind, or in any labor, the work of necessity and charity only excepted, every person so offending shall, on conviction, be fined in a sum not more than five dollars nor less than one dollar, to be recovered before any justice of the peace in the county where such offense is committed, and shall be committed to the jail of said county until the said fine, together with the costs of prosecution, shall be paid; but nothing herein contained shall be construed to extend to those who conscientiously observe the seventh day of the week as the Sabbath, or to prevent persons traveling, or families emigrating, from pursuing their journey, or keepers of toll bridges, toll gates, and ferrymen from attending the same. An express or implied contract for sale of property, made on Sunday, where the parties are not embraced within the exceptions of this section, will not be enforced by the courts: Watrous v. Blair, 32-58, 61; Pike v. King, 16-49. lege his own unlawful act: Pike v. It does not follow, however, where recover upon in the absence of proof, it will not Though the contract be void as be held that the case comes within made on Sunday, the parties may one of the exceptions: Sayre v. Wheel-make a valid contract with reference er, 31-112, S. C. 32-559; and where the contract is to pay for property sold and delivered on Sunday, the plaintiff cannot recover the value, aside from the contract, as such sale and delivery were unlawful, and the plaintiff will not be allowed to al to the same subject matter on a sub- A contract, void as between the par- good in the hands of a transferee in | A promissory note made and deliv- The admission of a debt such as will take it out of the bar of the statute of limitations, is not void because made on Sunday: Ayres v. Bane, 39-518. In an action for damages resulting from the frightening of plaintiff's horse by defendant's dog, held, that the fact that the accident happened on Sunday, while plaintiff was riding on a business errand, would not defeat his right of recovery: Schmid v. Humphrey, 48-652. False pre tenses. R. 24394. C. 51, 82744. Fraudulent conveyances." B. 4395. C. 51, 2745. CHAPTER 13. CHEATING BY FALSE PRETENSES, GROSS FRAUDS, AND SECTION 4073. If any person designedly and by false pretense, or by any privy or false token, and with intent to defraud, obtain from another any money, goods, or other property; or so obtain the signature of any person to any written instrument, the false making of which would be punished as forgery, he shall be punished by imprisonment in the penitentiary not more than seven years, or by fine not exceeding five hundred dollars and imprisonment in the county jail not exceeding one year. This changes the common law rule | as to cheats, and a person may be guilty of cheating by false pretenses, consisting of representations and acts, although no false tokens are used: The State v. Reidel, 26-430. opinion: The State v. Webb, 26–26'. To constitute the crime, the person must have obtained, by means of the false pretenses, either the title to the property, or the unqualified right of possession thereof, for some length of time: The State v. Anderson, 47-142. Obtaining an indorsement of credit on a note by false pretenses, with intent to defraud, does not constitute an offense under this section: The State v. Moore, 15-412. A false promise will not sustain the charge of a crime under this section. There must be a pretense and representation, in fact, that is false, and which was relied upon by the party defrauded; but the fact that a false promise was combined with the false pretense does not take away the criminal character of the act. So, where a party, under the pretense of having come to pay a debt, on promise to pay the same, fraudulently procured from his creditor and got into his possession a receipt for his debt, A person who, by falsely personatheld, that the facts constituted an of-ing another, obtains property with infense as here contemplated:, The State tent to convert it to his own use, is v. Dowe, 27-273. guilty of larceny (§ 3906): The State v. Brown, 25–561. An indictment for this offense cannot be predicated upon representations which are mere matters of An indictment charging that by means of false tokens and pretenses, etc., the defendant obtained the property described, held, to sufficiently charge that the party to whom the pretense was made relied thereon: The State v. McConkey, 49-499. Section applied: The State v. Joaquin, 43-131. SEC. 4074. Any person who knowingly being a party to any conveyance, or assignment of any estate or interest in lands, goods, or things in action, or of any rents or profits arising therefrom; or being a party to any charge on such estate, interest, |